Jussie Smollett is steadfast on clearing his name of allegations he staged an elaborate hate crime against himself and wants the lawsuit that the city of Chicago filed against him moved from state court to federal court.
The motion filed Wednesday and released to the media by Smollett's representatives comes after the city sued the actor in April for the cost of investigating his allegations that he was a victim of a racist and anti-gay attack in downtown Chicago.
Prosecutors dismissed charges against Smollett related to making a false report. However, the Police Department and city officials maintain Smollett orchestrated the January incident and they're trying to recoup $130,000 the city spent on police overtime.
In June, the Police Department released a trove of evidence gathered during the course of their investigation into Smollett’s claims and surveillance video obtained by Fox News on Tuesday appears to the embattled actor and the two Osundairo brothers – whom police insisted the actor paid to pretend to beat him – walking around the vicinity of the alleged attack perhaps mere minutes before it happened, according to police notes.
Smollett's attorneys argue federal court is the proper venue for the case because the actor, who lived in Chicago while filming the TV show, "Empire," is actually a California resident.
Fox News’ Matt Finn and the Associated Press contributed to this report.